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(영문) 의정부지방법원 고양지원 2013.06.12 2013고단706

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2013, around 05:57, the Defendant: (a) viewed the side from the victim E (the age of 41) in front of the “D Hospital” located in Gyeonggi-si, Gyeonggi-do; (b) brought an assault on the victim’s arms by using a tree broom ( approximately 150cm in length), which is a dangerous object in the above hospital, and assaulting the victim at one time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. E statements;

1. Investigation report (E statement hearing report);

1. Application of Acts and subordinate statutes to brooms photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act (Article 53 and 55 (1) 3 of the Criminal Act, including the circumstances leading to the instant crime);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;